SC quashes plea against HC order on petition challenging Scindia's election

The Supreme Court on Friday dismissed a plea against a Madhya Pradesh High Court order by which issues were framed in a petition challenging the election of Union Civil Aviation Minister Jyotiraditya Scindia to Rajya Sabha from Madhya Pradesh in 2020.

A bench of Justice Hrishikesh Roy and Justice Pankaj Mithal dismissed the plea filed by Congress leader Govind Singh, who has filed the election petition against Scindia.

Singh has challenged the candidature of Scindia as a returned candidate of BJP from Madhya Pradesh in the biennial election for Rajya Sabha held on June 19, 2020, on the ground that while submitting the nomination paper along with an affidavit, the BJP leader did not disclose particulars or information regarding registration of FIR against him and others at Shyamla Hills police station in Bhopal.

Senior advocate Anoop George Chaudhary contended that under provisions of the Representation of the People Act, 1951, the contesting candidates must disclose or furnish all requisite facts or details or particulars as required in the nomination form along with the affidavit.

He submitted that Scindia has suppressed the facts by not disclosing the FIR which amounts to fraud and corrupt practices and hence his election be declared null and void.

Chaudhary said that despite various other issues suggested by Singh, the high court has only framed a preliminary issue in the election petition as to whether mere registration of an FIR constitutes a "pendency of criminal case" liable to be disclosed in the nomination papers of a prospective candidate under the Representation of the People Act, 1951.

The bench, however, did not agree with the submission of Chaudhary and dismissed the appeal filed by Singh against the high court order of March 17.

Before the Madhya Pradesh High Court, Scindia had contended that there was no criminal case pending against him and mere registration of FIR at Shyamla Hills police station in Bhopal for offences punishable under Sections 465, 468, 469, 471, 472, 474 and 120-B of IPC at the time of submission of nomination paper and affidavit does not come within the purview of a pending criminal case.